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Report No. 69

Appendix 1

Extracts of the Relevant Provisions of the English Acts of 1868 and 1882

"Documentary Evidence Act, 1868 (31 & 32 VICT., c. 37)

"2. Prima facie evidence of any proclamation, order or regulation issued before or after the passing of this Act by Her Majesty, or by the Privy Council, also of any proclamation, order or regulation issued before or after the passing of this Act by or under the authority of any such department of the Government or officer as is mentioned in the first column of the Schedule hereto, may be given in all courts of justice, and in all legal proceedings whatsoever, in all or any of the modes hereinafter mentioned; that is to say:

(1) By the production of a copy of the Gazette purporting to contain such proclamation, order or regulation.

(2) By the production of a copy of such proclamation, order or regulation, purporting to be printed by the Government printer, or, where the question arises in a court in any British colony or possession, of a copy purporting to be printed under the authority of the legislature of such British colony or possession.

(3) By the production, in the case of any proclamation, order or regulation issued by Her Majesty or by the Privy Council, of a copy or extract purporting to be certified to be true by the clerk of the Privy Council, or by any one of the lords or others of the Privy Council, and in the case of any proclamation, order or regulation issued by or under the authority of any of the said departments or officers, by the production of a copy or extract purporting to be certified to be true by the person or persons specified in the second column of the said schedule in connection with such department or officer. Any copy or extract made in pursuance of this Act may be in print or in writing, or partly in print and partly in writing. No proof shall be required of the handwriting of official position of any person certifying, in pursuance of this Act, to the truth of any copy of an extract from any proclamation, order or regulation.

3. Subject to any law that may be from time to time made by the legislature of any British colony and possession, this Act shall be in force in every such colony and possession.

6. The provisions of this Act shall be deemed to be in addition to, and not in derogation of, any powers of proving documents given by any existing statute, or existing at common law."

"Documentary Evidence Act, 1882 (45 & 46 Vict., C. 9)

"2. Where any enactment, whether passed before or after the passing of this Act, provides that a copy of any Act of Parliament, proclamation, order, regulation, rule, warrant, circular, list, gazette, or document shall be conclusive evidence, or be evidence, or have any other effect, when purporting to be printed by the Government printer, or the Queen's printer, or a printer authorised by Her Majesty, or otherwise under Her Majesty's authority, whatever may be the precise expression used, such copy shall also be conclusive evidence, or evidence, or have the said effect (as the case may be) if it purports to be printed under the superintendence or authority of Her Majesty's Stationery Office."

Section 78A

(West Bengal Amendment)

Section 78A inserted by West Bengal Act No. 29 of 1955 and amended by West Bengal Act 20 of 1960 is of purely local interest, as it deals with certain problems in partitioned districts of Bengal.



Indian Evidence Act, 1872 Back




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